in the old law, the government had no civil liability and gradually through legal regimes mentioned this responsibility. in iranian law, civil liability of government is proposed apparently in article 11 of the law of civil liability that was adapted from old theory of the 19th century in french. however, the analysis of aforementioned article shows that the government's civil liability si...

The unique placement of midwives in the health care industry prompts renewed consideration of vicarious liability. Generally, vicarious liability is the liability of an employer for an employee's actions. A review of recent case law over the past decade shows limited case activity and indicates that the certified nurse-midwife/certified midwife (CNM/CM) roles do not create vicarious liability r...

THIS PAPER ANALYZES Section 304 of the Homeland Security Act of 2002,1 as amended in April 2003,2 which sets forth liability protection for participants in the current national smallpox vaccination program.3 It explains to nonlawyers the state of liability protection as it stands in mid-2003. Section 304 (or “the Homeland Security Act” or “the Act”) has been controversial since its enactment—in...

Copyright liability for webhosting will be a key determinant of the evolution of the Internet in years to come. Depending on their design, the legal rules that shape the liability of webhosts can stunt the development of the Internet as a medium of expression or enhance it. Hence, adopting the optimal liability regime is a matter of crucial importance. This Article proposes a radical change in ...

background: medical liability systems play an important role on doctors’ everyday practices and their relationship with patients. they can be established in two ways, fault-based and non-fault. basing medical liability upon the element of fault links it to various issues of medical ethics.  in this paper, we have studied the possible ways each system, could affect the applicability of values an...

Internet use is characterised by externalities, which means that it can be sufficiently profitable for criminal enterprises to flourish. One possible mechanism which could be considered to improve incentives is liability. We conduct a review of the literature relating to liability theory, liability online, and security economics in general and consider the impact that liability on any particula...

Civil liability for professional malpractice has become a major concern of child welfare workers and their agencies. For example, the 1982 Annual Meeting of the American Humane Association focused its agenda on caseworker liability. Also, the National Association of Social Workers has formed a special ad hoc group on caseworker liability, started publishing materials on the subject, and encoura...

This paper studies the use of ex post liability to regulate unilateral accidents when injurers have (1) different probability distributions for accident damages and, as a result, different optimal levels of accident prevention effort, (2) private information about their damage distributions, and (3) liability that is limited to the injurer’s available assets. When the asset bound on liability i...

We characterize the exchange of financial claims from risky swaps. These transfers are among three groups: shareholders, debtholders, and the swap counterparty. From this analysis we derive equilibrium swap rates and relate them to debt market spreads. We then show that equilibrium swaps in perfect markets transfer wealth from shareholders to debtholders. In a simplified case, we obtain closed-...

Although liability under general tort and contract law principles is not limited to a certain amount, liability arising under a carriage contract is limited by the majority of international transport conventions and national legislatures. Undoubtedly, limitation of liability is one of the most important elements of shipping law since, today, the carrier’s liability insurance system is based exc...